Bridging Visa Australia
A Bridging Visa is a temporary visa that allows you to stay in Australia after your “current” substantive visa ceases and while your “new substantive” visa application is processed.
It “bridges” your stay in Australia from the cease date of your current visa usually until 35 days after a final decision is made on your application.
How to apply for a bridging visa?
Most of the time you don’t need to make a formal application for a bridging visa. This is because it is granted to you by operation of law.
Is the application necessary?
A formal bridging visa application is usually not needed if you apply for a further visa while you are in Australia and you already hold a substantive visa at the time of making your further visa application.
Automatic grant
The reason why a formal visa application for a bridging visa might not be required is that by operation of law, the valid application for a further visa in Australia is typically (but not always) deemed to be an application for a bridging visa as well. The Department usually always grants that application, either manually or automatically.
Purpose
The purpose of a bridging visa is to bridge the gap, if any, between the time at which your current substantive visa expires and the point in time when the Department grants your new substantive visa.
The bridging visa is a mechanism for keeping you lawfully present in Australia.
Otherwise…
If a bridging visa were not to be granted, then it would mean that you would be an unlawful non-citizen, present in Australia for that period between when your substantive visa expires and your further visa is decided.
Types of bridging visas
The three most common types of bridging visas are a, b, and e.
Which do you have?
The most important thing to check is that you always have a visa whilst you are in Australia (if you’re not the holder of an Australian passport).
You can check the visa that you hold at any time by completing a VEVO check. It’s online and free.
Know this…
BVB limitation
Be careful with a bridging visa b (BVB). Its purpose is to allow you to leave and return to Australia whilst you wait for the grant of a further substantive; you may exit Australia for a very finite travel period and must re-enter Australia by a specified date.
BVB disaster
The biggest risk with a BVB is that you forget the period of your BVB grant, and you then fail to re-enter Australia before the date specified. Take very careful note to start returning to Australia several days before your BVB expires, so that you have ample time to re-enter Australia when you return.
Bridging visa after re-entry
When you re-enter Australia your bridging visa b does not change back to a BVA but will show as a BVB, allowing you to continue to stay in Australia but importantly does not then have any exit and return facility.
Second BVB
You will need to take care to lodge a further BVB if you wish to again exit Australia during the period in which you are waiting for the grant of your further substantive visa.
If you hold a BVA or a BVB you can apply for a further BVB.
Only one chance!
Unfortunately, if you hold a BVC, a BVD, or a BVE then you can’t apply for a BVB. It’s like losing your virginity.
Think of it this way – if you hold a BVC or BVD or BVE, you can never go back to get a BVB. At least until after your further substantive visa application has been granted.
As explained above, bridging visas “bridge” you from the time an existing visa ceases to be “in effect” until the time a decision is made on any new visa you may have applied for.
Bridging visa lifespan after a decision on substantive application
Usually, the bridging visa will run for a period of up to 28 days (and possibly 35 days, depending on when you lodge your application and when your bridging visa is granted) after the decision of the Department to refuse your visa application, allowing you or your migration agent or immigration lawyer enough time to file an appeal.
Bridging visa to travel overseas
The Department of Home Affairs can issue you with a bridging visa if you intend to exit Australia. This is known as a “bridging visa on departure grounds”. These visas are for a fixed period.
Extension of BVE
There may be some scope to have these extended if, for some reason, you can’t depart. This is subject to negotiation between you and the compliance officer at the Department of Home Affairs.
For example, you might be without a visa and need a week or so to get things in order before you can exit Australia.
Immigration will often grant you this type of visa for a fixed term which will allow you time to exit the country or lodge another application.
Depart on BVE – consequences
There are serious consequences that follow after you exit Australia on a BVE. This is known as “special return criteria” where you may suffer a period of exclusion from Australia or a ban from a further visa grant for Australia.
BVE ban duration
The duration of this ban will depend on the sort of visa you are applying for and your circumstances. This is something that I advise on regularly and you should get independent immigration legal advice if you wish to make an application for Australia after exiting on a BVE.
Bridging visa “in effect”
Although your bridging visa may be granted (and you may have received a letter from Immigration saying that you have been granted this visa) take care. This visa usually only comes “into effect” when your existing visa expires and remains in place while the Department considers your new visa application. For example, suppose you are a holder of a subclass 600 Visitor visa. And you apply for a subclass 482 Temporary Skills Shortage visa while onshore.
Check your precise visa status regularly on the Department’s site.
When your bridging visa kicks in
You will not automatically become the holder of a bridging visa as soon as you make that 482 visa application. You will still be on your subclass 600 until it expires. Your bridging visa will usually kick in, if at all, immediately upon the expiry of your subclass 600 Visitor visa.
Bridging visa might never activate
The Department may grant your 482 visa application while your subclass 600 visa is still in effect. This means your bridging visa in association with your subclass 482 visa application will be extinguished and never come into effect.
Bridging visa not automatically granted
Don’t stress. Be vigilant with your follow-up as to why it could be that the Department didn’t consider your application valid.
Consider making a separate application for a bridging visa if your recent substantive visa application was valid but the Department hasn’t yet granted your bridging visa – this usually wakes up case officers!
Practice tip!
Stay onshore (inside Australia) if your bridging visa is not yet in effect.
Exiting Australia will usually extinguish this visa and you may well find yourself stuck offshore. This can be tricky and I would recommend you get advice if you plan to exit from Australia. Book a call with me!
Your experience?
Please share your comments with me.
I’d love to know more about your experience with applying for this visa subclass!
676 Responses
Hi Nilesh
I have applied onshore aged parent visa (subclass 804) a while ago and they are on Bridging Visa B which expires in Oct 2021. They want to travel back to India and intending to come back later next year (2022).
So I have applied for a new bridging visa B providing the duration of travel to 18 months, however, they only got a briding Visa for 12 months expiring Feb 2022. Now I am really concerned that this visa will expire when they go back to India and I won’t be able to apply for a bridging visa when they are overseas.
I know I can apply for a tourist visa for them when they want to come back again, but just want to know if I have any other recourse available while they are here.
Thanks a lot in advance
This is a great question Amit.
I think you are fortunate to get a bridging visa B for a period of 12 months.
One option is to apply again for a bridging visa closer to the time when your parents intends to exit Australia so that there is a greater chance that they will return within the 12 months granted.
Another option which is a little scarier I admit is to simply let them travel overseas and after they are able to return on a normal visitor visa, request a bridging visa in association with the aged parent visa again.
The major concern about this latter option is that if a visitor visa is applied for in India there is a risk that the visitor visa will carry with it and 8503 no further stay condition which we prohibited them from lodging an onshore bridging visa A (in association with the previously lodged onshore partner visa) application after arrival.
Contact me if you require further assistance.
As you are aware a PR application under sub class 888b is a two stage process. First you apply for state nomination and after that you are apply on line . During the covid 19 the PR period was shortened to two years instead of four years.However on 3/2/21 the legislation was repealed whilst the application for state nomination was under process.what is the effect of the repealing the act whilst statement nomination is being considered .
Thank you
Dear Sir
Mr Nandan has asked me to respond to your question.
Thank you for contacting MyVisa®.
The Migration Amendment (COVID-19 Concessions) Regulations 2020 (hereinafter referred as “the Instrument”) has been repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003.
The relevant Division states that: “the repeal of the instrument by this section does not affect any amendment or repeal made by the instrument”.
The relevant regulation (Clause 888.232 of Schedule 2 of the Migration Regulation 1994 (hereinafter referred as “the Regulation”)) has already been amended accordingly to the effect that, among other criterias, an applicant can be granted a subclass 888B visa if the applicant was resident in Australia for a period of at least 2 years immediately before the applicant first withdrew funds from, or cancelled, the designated investment.
This means the repeal of the Instrument does not affect the effect of the amended Regulations.
Therefore, you can expect your application to be assessed against the same criterias as immediately before the repeal of the Instrument unless the Regulation is further amended before your visa application date.
Yes, these matters are really convoluted and serious consequences may follow.
Should you wish to get specific advice about your circumstances from Mr Nandan, you can book in a consultation with him here.
https://myvisa.com.au/book
Regards
Michael Gao
Immigration Lawyer
MyVisa®
Hi,
I am Anj. I have been in Bridging visa E and departed Australia last 2006. I want to go back and apply for skilled nominated visa this year, does my previous record will affect my visa application this time? Do I have a a re entry ban? Thank you
Hello Sir,
I have a question for you too. I had a university offer from Murdoch University but they cancelled the course 2 weeks before my visa expired (I was waiting for enrollment papers). I applied for the Covid Visa /(special event visa) instead. Now I am on a bridging visa but would like to apply for a student visa as I found an other course I can attend.
I know that a bridging visa is not considered a substantial visa but is there a way to change the visa I’ve applied for?
Hii, i applied for another student visa as my current student visa expired. I have got bridging visa subclass WA10. I am not sure wether i have rights to work or not.
Hi Amanjot
You can check whether you have work rights by looking at the conditions which are attached to your visa.
This is done quickly and easily on the department’s website.
https://online.immi.gov.au/evo/firstParty?actionType=query
Please let me know if you require any further information or assistance.
Nilesh
https://online.immi.gov.au/evo/firstParty?actionType=query
I do live in Greece and i want to continue my career in Sydney. I do have two degrees and 8 years of experience in US and UK as a Financial Analyst (42 years old). I figured out that 189 visa its perfect visa for me but it takes 8 months to be approved. Can i come to Sydney on a tourist visa and apply for 189 visa and a bridgin visa A in order to have full rights to work until the 189 visa gets approved???
hi
i applies for TR S485 i am waiting for my visa
but i want to go India and want to apply for bridging visa B but bcz of travel restrictions if the borders will be closed then how can i suppose to come on specific date.
so what should i do will they grant me offshore or will they give me visa for 6 months or can i extende bridging visa B offshore.